Struggling with Unfair Treatment at Wipro: How Can I Address Gratuity and Notice Period Deductions?

I worked with Wipro BPO Pune for 7.5 years with a major UK Telecom Client. Despite delivering the best performance and quality work, I experienced no growth. I observed individuals with poor spoken and written English skills advancing to become SMEs and QAs within 2-8 months.

I submitted my resignation on 19 June 2024, and my last reported workday was 27 June. I was seriously ill, initially with a high-grade fever. I informed my Team Lead, who instructed me not to report until he gave permission. However, he later raised absconding charges against me with the OMBUDS team.

My Team Lead, a class 12 dropout, had himself absconded from his previous company. He advanced quickly in this process due to sheer luck.

Unaware of his actions against me, I suffered from a high fever, vomiting, and stomach pain, rendering me bedridden for 3-4 days. On the 5th day, I consulted a doctor who prescribed medicines and requested several tests. The blood test results revealed typhoid. I submitted the lab reports to HR and my manager, who stated that only 3 days of leave were approved based on business requirements. Returning to work so soon was impossible, yet they continued sending threatening emails about strict actions if I failed to report.

Still very unwell with frequent vomiting and severe abdominal pain and swelling, I was advised by the doctor to undergo further tests and ultrasonography. Upon receiving the reports, which indicated a hernia requiring surgery and acute pancreatitis, I submitted them to HR and management. However, they disregarded these reports, maintaining that my absconding status was valid based on old documents. It seemed everyone was interested in my separation or termination, with no concern for my health or need for assistance.

The following day, I received an email on my Gmail ID titled "Notice of Separation," stating that my last working day/actual release date had been updated to 26 June, without any discussion with me, even though I had worked on 27 June. The next day, I received an email from the Wipro Legal and Compliance Team stating that I had been relieved from Wipro's services.

I had 15 days of leave remaining but did not receive any leave encashment or gratuity. Two months later, they sent me a relieving letter, which mentioned 26 June as the last working day, despite my working on 27 June 2024.

Could they not waive the 2-month notice period recovery amount? If the actual release date is changed to 26 June, why did they deduct the amount from my gratuity?

Let me view the situation like this: You worked with an organization for 7 years and six months, not more than six months. On account of illness, you submitted your resignation on 19th June, wherein you did not mention that you would be serving the notice period. The management accepted the resignation and relieved you on 26th June. You reported to work on 27th June also, but that day was not counted as a service day because before that, you were relieved.

Now the question is that they have not paid your gratuity and encashment or surrender of PL, which comes to pay equal to 15 days.

There is no doubt that you should get gratuity. It is also your right to get the unavailed PL encashed. For that, you should approach two different authorities, i.e., for Gratuity, the Controlling Authority under the Payment of Gratuity Act, which in your case will be the Asst Labour Commissioner (Central) because your establishment has offices in different states in India. For getting the leave surrender benefits, you may have to approach the officer concerned of the state Labour department who is the appropriate authority under the Shops and Commercial Establishments Act.

Now coming back to the scenario, I would like to say that relieving you earlier than the date of expiry of the notice period mentioned in the resignation may make the employer pay you notice pay. But at the same time, if your resignation letter did not contain a request that "I may be relieved on 18th of August 2024," which comes on completion of your required notice period of two months, then the employer has the liberty to relieve you earlier without allowing you to serve the notice period. Whereas you have reported that you were not well and would require hospitalization, etc., the decision of the management will be found appropriate also.

Suppose that your resignation contained a request that you may be relieved at the earliest or at the convenience of the management, then they can demand salary in lieu of the notice period from you. However, if that is the case, no way the management can recover the notice pay from you. Recovering or adjusting the notice pay from the gratuity amount, anyway, is totally illegal. It is not expected from the legal team of such a big establishment.

The management has put the date of relieving as 26th June instead of 27th June. This may be to avoid the fraction of the year of service being rounded to one year. If your service will become 7 years, 6 months, and one day if you were relieved on 27th June, then the employer would prefer that the employee be relieved on 26th itself so that the fraction of 6 months would be ignored. On the other hand, if the next date, i.e., 27th June, is considered, the service for gratuity would become 8 years, and accordingly, the amount of gratuity would also increase. This is only a chance.

In any case, the employer cannot forfeit the gratuity. The employer is expected to pay the amount within 30 days of your relieving. If not paid, you will get interest at 10 percent. You should demand the gratuity by escalating the matter to the Controlling Authority. Please send an application for recovery of gratuity from the employer immediately.

Thanks for responding. I received the "Notice of Separation" email on 24 July 2024, which stated that the last working day has been updated to 26 June 2024. Kindly complete all separation formalities prior to your last working day.